Publications

Cox & Palmer, Nova Scotia, June 25, 2019 – MacDonald v MacVicar, 2018 NSSC 272 provides judicial guidance on s. 113BA(1) of the Insurance Act, RSNS 1989, c 231 (“Act”), holding that future loss of income damages for plaintiffs injured in motor vehicle accidents should be calculated on a gross, rather than net basis. In MacDonald v MacVicar, 2018 NSSC 271, the court held that the Plaintiff,...

Cox & Palmer, Kelly Santini LLP, Northpoint Legal, Stein Monast, June 18, 2019 – Brain injury claims can be challenging, complex and high value. How they are assessed and the damages awarded are always changing and can vary from province to province. In this webinar, RMC lawyers from across Canada share the latest insights on brain injury claims and the strategies that can be used to defend them. The...

McKercher LLP, Saskatchewan, May 27, 2019 – The Saskatchewan Court of Appeal recently released an important decision regarding losses caused by multiple parties: Sound Stage Entertainment Inc v Burns (Sound Stage). In Sound Stage, the Saskatchewan Court of Appeal held that under Saskatchewan’s Contributory Negligence Act (the Saskatchewan Act), a defendant can claim contribution towards payment of the plaintiff’s damages from others...

Blaney McMurtry LLP, Ontario, May 27, 2019 – While there is growing acceptance within the Canadian insurance market of the need for cyber-insurance, knowledge and understanding of third party risks remain limited. This article reviews relevant decisions to date and discusses causes of action and associated hurdles, as well as the increased importance of “nominal damages” in the context of data/privacy breach class...